Digital Commons Network^™

Just Like Us: Mdl Is Eating Weedkiller, Andrew H. Paul

Georgia State University Law Review

The ingestion of an herbicide called glyphosate is currently unavoidable in America. It is the main ingredient of a consumer product called Roundup. People who regularly used Roundup have brought civil lawsuits against its manufacturer, Monsanto (now owned by Bayer), claiming Roundup caused their cancer diagnoses. Juries, particularly those in state courts, have awarded some plaintiffs massive damages awards. But jury trials elude most of the glyphosate plaintiffs who find themselves in federal court. There, the same can be said for nearly all products liability litigants. This is due to the procedure that has slowly come to dominate mass torts …

Sex Offenses, Judy R. Potter

Maine Law Review

A central theme of the Maine Criminal Code is to "distinguish behavior that is merely socially undesirable from that which is sufficiently threatening to require the specialized effort of the criminal law to prevent it." Nowhere in the Code is this distinction more apparent than in the area of sex offenses, which encompasses a wide spectrum of degrees of social harm. At one end of this spectrum are acts which clearly involve dangerous behavior, such as non-consensual sexual acts and acts of sexual imposition on minors and incompetents. At the other end of the spectrum are sexual acts done in …

Liability For Maritime Oil Pollution: A Comparison Of The Maine Coastal Conveyance Act With Federal Liability Provisions, Maine Law Review

Maine Law Review

The increasing involvement of coastal states in the regulation of oil pollution within their territorial waters has raised serious questions about the constitutional validity of state legislation imposing liability on parties responsible for unlawful oil discharges. The admiralty clause of the United States Constitution provides that the judicial power of the United States extends to "all cases of admiralty and maritime jurisdiction." This grant to federal courts of original jurisdiction over all admiralty or maritime cases has been construed to be more than a grant of judicial competence. The United States Supreme Court has interpreted the admiralty clause to incorporate …

Shellfish Regulation: Conservation And Discrimination, Maine Law Review

Maine Law Review

The economy of many coastal states depends heavily upon the shellfish industry. Shellfish such as lobsters and clams are an especially important marine resource for these states. In recent years, however, the supply of shellfish has experienced substantial declines. State laws that permit the harvesting of lobsters prior to sexual maturity, for example, have made the lobster industry dependent on the yearly additions to the lobster supply. The increasing demands for shellfish as well as the pollution of areas such as coastal clamflats have also contributed to the serious depletion of the shellfish resources in many areas. Despite the possible …

Stare Decisis, Maine Law Review

Maine Law Review

Stare decisis, a doctrine fundamental to common law decisionmaking, requires a court to resolve disputes within the framework provided by the rationales and results of prior cases addressed to similar legal and factual relations. It seeks to reconcile the law's two great warring imperatives, that which requires a rational scheme of consistent authority serving the broad social goals of predictability, uniformity, and finality, with that which demands individual results informed by principle and applied with flexibility and discretion—in a word, justice. On the one hand, by focusing on how legal theory has interacted with fact on correlative earlier occasions the …

Decriminalization: A New Consideration For The Fourth Amendment Balance, Maine Law Review

Maine Law Review

During the past several years Maine has reevaluated the wisdom of applying criminal sanctions to certain forms of conduct. In addition to the total abrogation of a number of crimes, the Maine Legislature has reduced the statutory classification of some offenses to civil violations. Moreover, certain newly established offenses have been limited to the status of civil violations. The designation of offenses as "civil" raises the question of what constitutional safeguards should be applied to the manner in which such violations are investigated and to the process under which civil sanctions are administered. This Comment will summarize the Supreme Court's …

The Myth Of Second-Class Free Exercise, Frederick Mark Gedicks

Villanova Law Review (1956 - )

No abstract provided.

The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton

Journal of Intellectual Property Law

The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be …

Mental Abnormality In The Maine Criminal Code: Section 58 (1-A), Susan E. Peck

Maine Law Review

The law surrounding the insanity defense has always been complex and problematic. Since the promulgation of the M'Naghten test in 1843, courts and legislators have attempted to articulate a clear and easily understood definition of insanity. Legal scholars have created an overwhelming volume of literature on such important aspects of the defense as the role of psychiatrists in a jury trial, the appropriateness of the diminished capacity defense, and the constitutionality of imposing the burden of proving insanity on the defendant. Even the necessity of retaining the defense has been questioned. The Maine Supreme Judicial Court has recently confronted a …

Jarkesy, The Seventh Amendment, And Tax Penalties, Steve R. Johnson

University of Miami Law Review

In 2024, in the Jarkesy case, a divided Supreme Court held unconstitutional a provision of the Dodd-Frank Act that allowed the SEC to assert securities law anti-fraud penalties through administrative proceedings subject to judicial review. The Jarkesy majority concluded that the invalidated procedure violated the Seventh Amendment’s guarantee of jury trial in some civil cases.

The dissent predicted that the reasoning of Jarkesy could be applied outside of the securities law area, putting hundreds of other statutes at peril of constitutional invalidation. This Article examines one such possible “spillover.” The Article explores whether Jarkesy threatens the current procedures by which …

The Constitutional Law Of Defamation—Recent Developments And Suggested State Court Responses, Susan Gail Shorey

Maine Law Review

Prior to the 1964 decision in New York Times Co. v. Sullivan, defamation law in the United States was controlled by common law principles developed in the state courts. In New York Times the United States Supreme Court staked out an area of first amendment privilege, which limited the states' power to permit recovery in defamation actions brought by public officials. Later extensions of this constitutional privilege made it appear for a time that constitutional requirements would produce a unified nation-wide body of defamation law to replace the various common law rules followed in the fifty states. In view of …

Exploitation Of User Generated Content For Generative Ai: Making A Case For Data Privacy Rights In Your Social Media Posts, Millicent Wong

UC Law SF Communications and Entertainment Journal

Nearly all user-generated content contains personal data. Yet, Big Tech companies can exploit the user-generated content you posted because under current legal frameworks, the information is already public (no matter how many sordid details you’ve shared in that social media post). In the age of the great generative AI arms race between OpenAI, Google, and Meta, technology companies are collecting mass amounts of user-generated content on their platform for training AI models. This Note argues that current data privacy practices with respect to user-generated content is anti-consumer, because it fails to take today’s technological advancements, business practices, and online norms …

Weaponizing Ai, Stephen T. Black

UC Law Science and Technology Journal

No abstract provided.

New York's Constitutional Guarantee Of Environmental Rights, Katrina Fischer Kuh, Nicholas A. Robinson, Scott Fein

Elisabeth Haub School of Law Faculty Publications

New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York’s Bill of Rights, which provides that “Each person shall have the right to clean air and water, and a healthful environment.” To ensure the fulsome and effective implementation of Article I, § 19, and give effect to the intent of the legislators and voters who adopted it, it will be important to provide substantive guidance to courts, government actors, and litigants in the interpretation and application of the new constitutional text. In Pennsylvania and other states, …

Delta-8 Tetrahydrocannabinol Policy And Related Health Impact Among College-Aged Individuals In South Carolina: A Scoping Review, Emily K. Luoma

Senior Theses

After the 2018 Farm Bill passed, loopholes were quickly found that led to the popularization of delta-8 THC, a derivative of delta-9 THC, more commonly known as marijuana. Use of this substance became particularly high in states that criminalized marijuana, such as South Carolina. This scoping review aimed to assess South Carolina’s current delta-8 policies in the context of health-related impacts among college-aged students. Comprehensively analyzing the results of relevant studies, it was determined that there are three commonly observed threats to public health that are direct outcomes of existing policies: 1) a lack of quality control standards; 2) misleading …

Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners

University of Michigan Journal of Law Reform

Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.

This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …

Long Live The Good King: Arthur’S Niebuhrian Kingship And Pursuit Of Justice In The Once And Future King, Camille Bewley

Harding Undergraduate Research Conference

The classic The Once and Future King, written by T.H. White, is a selection of four fantasy novels with one, linear plot: the story of Arthur, the mythological King of England. Reinhold Niebuhr’s book Moral Man and Immoral Society details the Christian realism of a world in need of justice without the ability to achieve perfect application. Through good education, Arthur is well endowed with Niebuhr’s requirements for a functional society: knowledge, honor, wisdom, and compassion. Such king-like qualities make him one of the most influential mythological characters in history, and a grand exemplar for maintaining ethical goals and personal …

Generative Artificial Intelligence In Hollywood: The Turbulent Future That Lies Ahead, Zachary T. Young

West Virginia Law Review

Since the dawn of time, the human race has used some form of technology to assist their unwavering dedication to push society forward. From the first stone tool to the first computer, some sort of regulation controlled their usage, ranging from government regulations to industry standards. When artificial intelligence (“AI”) entered the arena of technology, regulatory bodies froze at the daunting task of controlling such a powerful tool. Across almost every industry, artificial intelligence has found its home in various work functions. Generative artificial intelligence has furthered the complexity that stems from regulating a new, and never before seen technology. …

Streamlining Wildlife Regulation, Robert L. Fischman

Michigan Journal of Environmental & Administrative Law

A recent burst of revisions in the bedrock regulations governing projects that may adversely affect wildlife represents a generational shift in policy. Streamlining federal decision -making drove much of this reform. Streamlining offers a path to address climate change without abandoning a longstanding commitment to wildlife conservation. The conservation community recognizes the need to build new infrastructure to reduce the rate of climate change through air emissions. The most urgent priority is decarbonizing the electrical ~rid through renewable energy generation and a better transmission network. Adaptation to the "new abnormal" of climate-driven environmental disruption demands federal approvals for a host …

Fences, Fields, And Fourth Amendment Rights: Limiting The Powers Of Game Wardens, Ryder Schone

Brigham Young University Prelaw Review

Since the establishment of the Open Fields Doctrine in 1924, both private and public lands not immediately surrounding a home or commercial building have been open to search and seizure by U.S. game wardens. Owing to a century of access without judicial supervision, the powers of game wardens have expanded to a state of overreach which violates the Fourth Amendment rights and privacy of citizens. This paper proposes a federal statute that clearly delineates the circumstances under which game wardens can enter private property. Legal scholars generally agree on the need for reform; however, current discussions often fail to address …

Rulemaking Behind Closed Doors: Governor Abbott’S Secret Rulemaking. Worse Yet, All State Agencies Are Colluding With The Governor, Ronald Beal

SMU Law Review Forum

In 2019, the Texas Legislature granted the Governor new powers to review the rulemaking process for certain state agencies. Since then, the Governor has apparently extended this authority of review over the rulemaking process to more agencies than he was authorized to. Some journalists and scholars, including this Author, have attempted to access the proposals and comments submitted to the rulemaking process by the Governor’s Office—and yet the records are withheld by the Texas Attorney General under claimed exceptions to the Texas Public Information Act. Despite the Attorney General’s claims, this Author and others maintain that any records of these …

“Freedom Lives Hence, And Banishment Is Here”: The Weaponization Of Immigration Law To Punish Political Dissidents, Ryan Scott

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the long and bipartisan history of the United States government’s weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders’ generation to purge the country of those whose ideas and speech are seen by the powers that be as threatening or subversive. This Note traces the arc of such efforts from the Alien and Sedition Acts of 1798 to the explusion of activists under President Trump. The Note also examines attempts to force the courts to …

Hate Groups And The Charitable Tax Exemption, Miriam Galston

UC Law Constitutional Quarterly

No abstract provided.

Innocence Is Different: Why Victim Impact Statements Should Be Inadmissible At Wrongful Conviction Hearings, Colin Miller

University of Baltimore Law Forum

No abstract provided.

The Misapplication Of Legal Standards In Fischer: Analyzing The True Intent Of 18 U.S.C. § 1512(C), Jeremiah Baltimore

University of the District of Columbia Law Review

Fischer stems from the events of Jan 6, ultimately appealed to the Supreme Court. This comment critiques the decision as flawed on both textual and policy grounds.

Lobbying For Our Lives: A Comprehensive Analysis Of The Impact Of Restrictive Non-Profit Lobbying Rules On The Progression Of Climate Change Legislation, Natalia Akopian

University of the District of Columbia Law Review

Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental policies, operate under strict federal limitations on lobbying activities and expenditures. This structural disparity has created an uneven playing field where corporate interests, such as the fossil fuel industry, wield disproportionate influence over climate policy. As a result, climate-friendly legislation often struggles to gain traction despite the public’s growing concern over environmental issues.

This note examines …

Epigenetics, Preconception Tort Liability, And Public Health, Peter Sie

UC Law Journal

Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or for worse. Epigenetic knowledge could change our understanding of human biology and individual responsibility. However, it is also ripe for misunderstanding. Commercial entities seek to capitalize on the hype to sell snake oil under the “epigenetic” label. In the popular press, reporters dramatize limited studies to create sensational headlines, often blaming parents for causing epigenetic harms to their children.

If this attitude toward …

Burying The Icepick: Why And How The United States Should End Its Dispute With Canada Over The Legal Status Of The Northwest Passage, Ryan Weber

William & Mary Law Review Online

This Note argues that the United States should work with Canada to pass an amendment to the United Nations Convention on the Law of the Sea (UNCLOS) that allows Canada to legally claim the Northwest Passage as internal waters. While the United States has long championed freedom of navigation, important U.S. security, environmental, and diplomatic interests weigh in favor of a legal regime that allows Canada to exercise complete control over the Northwest Passage. However, UNCLOS does not currently support Canada’s claim. Thus, the best means of accomplishing this objective is for the United States to work with Canada to …

Discrimination That Requires A Remedy: The Case Of Mothers Of Children With Disabilities, Ewa Rejman

Mercer Law Review

International human rights law devotes particular attention to the protection of vulnerable groups owing to their special needs and distinctive challenges which should be adequately considered. Building upon this premise and stressing the importance of gender approach, the Article describes particular vulnerabilities that mothers of children with disabilities face and explains how addressing them remains contingent upon safeguarding, in particular, the right to the highest attainable standard of health, the right to social security, the right to an adequate standard of living and the right to family life. Through the analysis of the responsibility for the omission in international law, …

The Migrant Family Separation Crisis: The Multifaceted Approach To End The Practice, Obtain Redress, And Prevent Its Return, Mariela Olivares

Mercer Law Review

Recent movements highlight a dual approach to resisting the horrific government policies of family separation and family detention. Capitalizing on xenophobic and racist hostilities, the policies created deep societal and political divides while igniting new levels of resistance in public protest and legal challenges. Although the Trump Administration’s targeting of migrant families was not a new strategy to deter migration to the U.S., the oppression of migrants through the Family Separation Policy has taken on a heightened level of moral depravity and unconstitutional infringement of due process rights, parental rights, and rights of children. For some traumatized families, these actions …